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retroactive?

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NormaGG

Junior Member
What is the name of your state? IL

I divorced my husband while he was serving time in the Dept. of Corrections. The Custody, Support, and Visitation of Minor Child section on the Marital Settlement Agreement reads as follows:

Custody
Wife shall have sole custody of their minor child, (insert name) born February 1987, subject to the following terms and conditions:


A. Visitation. Shall be establishedupon Husband's release from the Illinois Dept. of Corrections.

B. Child Support. Shall be established upon Husband's release from the Illinois Department of Corrections.

C. Medical Insurance. Wife shall continue to maintain health insurance coverage for the minor child and to be responsible for medical, dental and optical treatments and payments until such time as Husband is released from the Illinois Department of Corrections.


D. Income Tax Deductions. Wife shall be allowed to take the minor child as a tax deduction until such time as Husband is released from the Illinois Department of Corrections.


He was released in 1999. My lawyer filed a Petition for child support on April 7, 2004. Count I of the petition quotes "B. Child Support as stated above and requests that support be retroactive to the date of his actual release in 1999.

On Dec. 13, 2004, the Judge issued an Order. In the judge's own handwriting on the document it states that the support obligation is retroactive to the date of filing, which was April 7, 2004, and he adds, "reserving however petitioner's right to reraise the issue of retroaction to 1999."


At one of our appearances before the judge I heard the judge specifically request that my lawyer do some case file research. I don't think he bothered.
My daughter turned 18 in February so support will end soon, and he's never helped me with the kids. I think he owes me and our daughter.

What do you think about this? Can we get child support back to the year 1999?

Thank you.

ETA: By the way, my ex never once appeared in court about this.
 
Last edited:


Gracie3787

Senior Member
What is the reason that the CS petition was filed 4 yrs after his release instead of being filed at or right after his release? The answer may have an impact on whether or not you are able to get retro support back to 1999.
 

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